Medical errors can cause or worsen spinal cord injuries. When healthcare providers' negligence results in paralysis, victims may recover substantial compensation through medical malpractice claims.

Types of Medical Negligence Causing Spinal Cord Injuries

Surgical Errors

Spinal surgery carries inherent risks, but negligent errors can cause preventable paralysis:

  • Wrong-level surgery—operating on the wrong vertebra
  • Instrument slippage—surgical tools damaging the spinal cord
  • Improper hardware placement—screws, rods, or implants impinging on the cord
  • Excessive manipulation—damaging the cord during positioning or dissection
  • Failure to recognize complications—not addressing bleeding or swelling

Anesthesia Errors

Anesthesia complications can cause spinal cord damage:

  • Spinal epidural hematoma—bleeding from epidural or spinal anesthesia
  • Positioning injuries—improper positioning during surgery causing cord compression
  • Hypotension—low blood pressure depriving the cord of oxygen
  • Delayed recognition—failing to identify emerging paralysis

Diagnostic Failures

Failure to diagnose spinal conditions can allow preventable cord damage:

  • Missed spinal tumors—delayed diagnosis allowing cord compression
  • Undiagnosed infections—spinal epidural abscess progressing to paralysis
  • Cauda equina syndrome—failure to recognize and treat emergently
  • Spinal instability—missed fractures that later cause cord damage

Emergency Room Errors

Trauma patients with potential spinal injuries require careful handling:

  • Failure to immobilize—moving patients without spinal precautions
  • Premature clearance—releasing patients with undiagnosed spinal injuries
  • Missed fractures—inadequate imaging or interpretation errors

Birth Injuries

Obstetric negligence can cause infant spinal cord injuries:

  • Excessive traction—pulling too hard during delivery
  • Improper instrument use—forceps or vacuum injuries
  • Delayed C-section—allowing prolonged distress

Elements of Medical Malpractice

To prove medical malpractice, you must establish:

1. Provider-Patient Relationship

The healthcare provider agreed to treat you, creating a duty of care.

2. Breach of Standard of Care

The provider failed to meet the standard of care—the level of treatment a competent provider in the same specialty would provide. Expert testimony is required to establish what standard applies and how it was breached.

3. Causation

The breach caused your spinal cord injury or made an existing injury worse. This requires proving:

  • The injury wouldn't have occurred but for the provider's negligence
  • The type of harm was a foreseeable result of the negligence

4. Damages

You suffered compensable harm—medical expenses, lost income, pain and suffering.

Common Defendants

Surgeons

Surgeons performing spinal procedures are liable for surgical negligence causing cord damage.

Anesthesiologists

Anesthesiologists are liable for complications from epidural/spinal anesthesia and positioning injuries.

Emergency Physicians

ER doctors are liable for failure to properly diagnose and manage spinal trauma.

Radiologists

Radiologists who miss spinal fractures, tumors, or other abnormalities on imaging may be liable.

Hospitals

Hospitals may be liable for:

  • Employee negligence—nurses, technicians, staff physicians
  • Inadequate staffing or supervision
  • Deficient policies and procedures
  • Equipment failures

Proving Medical Malpractice

Medical Records

Complete medical records are essential:

  • Operative reports
  • Anesthesia records
  • Nursing notes
  • Imaging studies and reports
  • Laboratory results
  • Discharge summaries

Request records immediately—providers must preserve them, but details can be lost.

Expert Witnesses

Medical malpractice requires expert testimony from physicians in the same specialty:

  • Neurosurgeons for spinal surgery cases
  • Anesthesiologists for anesthesia complications
  • Emergency medicine specialists for ER cases
  • Obstetricians for birth injuries

Experts must review all records and opine that the standard of care was breached.

Causation Experts

Separate experts may be needed to establish that the negligence caused the spinal cord injury versus a pre-existing condition or unavoidable complication.

Special Challenges in Medical Malpractice

Shorter Statutes of Limitations

Medical malpractice claims often have shorter filing deadlines—sometimes as little as one year. Discovery rules may extend deadlines when injury wasn't immediately apparent.

Certificate of Merit Requirements

Many states require a physician's affidavit supporting the claim before filing suit.

Damage Caps

Some states cap non-economic damages in malpractice cases. These caps can significantly limit recovery even for catastrophic injuries.

Informed Consent Issues

Providers must disclose risks of procedures. If spinal cord injury was a known risk that wasn't disclosed, a separate informed consent claim may exist.

Damages in Medical Malpractice Spinal Injury Cases

Recoverable damages include:

  • Past and future medical expenses—all treatment related to the injury
  • Lost earnings and earning capacity
  • Pain and suffering—may be subject to caps
  • Loss of enjoyment of life
  • Loss of consortium—impact on family relationships

Conclusion

Medical malpractice causing spinal cord injuries represents a profound betrayal of trust. Healthcare providers who cause paralysis through negligence must be held accountable. These complex cases require experienced medical malpractice attorneys with access to qualified expert witnesses who can prove the standard of care was violated.